Nid ydym yn gwybod a yw'r ymateb mwyaf diweddar i'r cais hwn yn cynnwys gwybodaeth neuai peidio - os chi ywCallum Evans mewngofnodwch a gadael i bawb wybod.

Correspondence for Planning applications with Cheshire East council and Jodrell Bank

We're waiting for Callum Evans to read recent responses and update the status.

Dear University of Manchester,

Could you please send any correspondence you have had with Cheshire East council, concerning planning and Jodrell Bank on the following 4 projects

Hiverley cottage, Twemlow Green (Planning no. 16/5385 onwards)
Hiverley, Twemlow Green (Planning no. 15/1126C onwards)
Victoria Mills, Macclesflied road, Holmes Chapel ( Planning no.16/3724C onwards)
Saltersford Farm, Macclesfied Road, Twemlow Green (Planning no.18/53660C onwards)

Could you please send me any correspondence, of the above planning applications and comments on the amendments up to this day .

If there is any other information you need to help with this request, please let me know

Yours faithfully,

Callum Evans

MTRS FOIA, University of Manchester

1 Atodiad

Dear Callum,

 

I am writing to acknowledge your request under the Freedom of Information
Act 2000 received by The University of Manchester, our reference as per
the subject line.

 

The University will respond to your request within 20 working days.

 

With best regards

 

Lisa

 

Dr Lisa Crawley l  Information Officer  l Information Governance Office
l Directorate of Compliance and Risk l  Professional Support Services |
Room G7 Christie Building  l Compliance & Risk Management Office l  The
University of Manchester  l  Oxford Road  l  Manchester  l  M13 9PL  l 
Tel +44 (0)161 275 8400  

[1]www.manchester.ac.uk

[2]cid:image001.jpg@01D320C7.272763F0

We are all responsible for protecting person identifying data held by the
University, including who we share that data with. Stop and think before
you send your email.  For further guidance see:
[3]www.dataprotection.manchester.ac.uk

 

References

Visible links
1. http://www.manchester.ac.uk/
3. http://www.dataprotection.manchester.ac....

MTRS FOIA, University of Manchester

2 Atodiad

Dear Callum,

 

Thank you for your request for information received by The University of
Manchester on 04 March 2020 which was as follows:

 

Could you please send any correspondence you have had with Cheshire East
council, concerning planning and Jodrell Bank on the following 4 projects

 

Hiverley cottage, Twemlow Green (Planning no. 16/5385 onwards) Hiverley,
Twemlow Green (Planning no. 15/1126C onwards) Victoria Mills, Macclesflied
road, Holmes Chapel ( Planning no.16/3724C onwards) Saltersford Farm,
Macclesfied Road, Twemlow Green  (Planning no.18/53660C onwards)

 

Could you please send me any correspondence, of the above planning
applications and comments on the amendments up to this day .

 

With apologies for the slight delay in our response, the University has
now considered your request and our response can be found below.

 

Please find attached to this email the consultation letters received by
The University of Manchester in relation to the requested planning
applications (please note the reference for Saltersford Farm is 18/5360C
and not 18/53660C as per your request) and any onwards applications.

 

I can confirm that any responses that Jodrell Bank provided to planning
applications are available via searching online at
[1]http://planning.cheshireeast.gov.uk/Appl... and
therefore this information is exempt from disclosure by virtue of the
listed exemption at Section 21 (1) of the Freedom of Information Act 2000
– information accessible by other means. This email serves to act as a
refusal notice for this part of your request, in accordance with Section
17 (1) of the FOIA.

 

I can further confirm that there are two email chains in respect of
planning application 18/2491C (a variation to 15/1126C and therefore
captured by “Planning no. 15.1126c onwards” within your request) and one
email chain in respect of planning application 16/3724C. The University
has deemed these to be exempt from disclosure by virtue of the listed
exemption at Section 43 (2) of the FOIA – Commercial Interests. Under
Section 1 (1) of the FOIA, The University of Manchester confirms that the
information requested is held however we are refusing to provide it in
response to your request for the reasons set out below. 

 

Section 43 (2) – Commercial Interests

 

Information is exempt information if its disclosure under this Act would,
or would be likely to, prejudice the commercial interests of any person
(including the public authority holding it).

 

We are applying Section 43 (2) as a prejudice-based exemption.  We may
rely on this exemption if the disclosure would prejudice someone’s
commercial interests (including the University’s own).  Commercial
interests may be prejudiced where a disclosure would be likely to:

 

·         Damage its business reputation or the confidence that customers,
suppliers or investors may have in it

·         Have a detrimental impact on its commercial revenue or threaten
its ability to obtain supplies or secure finance

·         Weaken its position in a competitive environment by revealing
market sensitive information or information of potential usefulness to its
competitors

 

Insights into how the Jodrell Bank responds to planning applications could
have a negative impact on any future applications they may have. Providing
data into how Jodrell Bank considers planning applications could affect
the application process. Successful applications could have a detrimental
impact on the University’s future capability as an internationally
recognised and world-leading astronomical research and teaching facility.
In addition to its own activities, Jodrell Bank Observatory, now a World
Heritage Site, undertakes observations on behalf of third parties, for
which the University receives national and international funding and
planning within the Jodrell Bank grounds could affect and impact on future
research and funding.  These activities are of commercial interest to the
University and to third parties.

 

Public Interest Test

 

As Section 43(2) is a qualified exemption we are required to carry out a
public interest test; please see the details below.

 

Factors in Favour of Disclosure

 

The release of the data would aid in the transparency of how the
University reviews and considers planning applications.

 

Factors Against Disclosure

 

Disclosure of the requested information could negatively impact our
ability to successfully object to planning applications by providing
insights into our decision making which could be used to subvert the
planning process for future applications. Any subsequent approvals would
undermine the University’s ability to carry out research at the
Observatory which would fundamentally affect our commercial revenue. 

 

The University of Manchester has carefully considered the balance of
public interest in this instance and has concluded that for the reasons
outlined above, the balance lies in maintaining the exemption at this
time. This email serves to act as a refusal notice for this part of your
request, in accordance with Section 17 (1) of the FOIA.

 

If you feel that The University of Manchester has refused access to
information to which you are entitled, or has not dealt with your request
appropriately under the FOIA, you have a right of appeal.

 

An appeal in the first instance should be directed to the Information
Governance Office at [2][email address]. You should include: 

·         details of your initial request

·         any other relevant information

 

You must make this appeal within 40 working days from receipt of your
response. We will not accept appeals received after this date, as per the
Freedom of Information Code of Practice, Section 5.3.

 

The University will deal with your appeal within a reasonable time, and
will inform you of the projected time scale on receipt of your complaint.
You are also welcome to contact the Information Governance Office with
informal questions about the handling of your request. 

 

After The University’s internal appeals procedure has been exhausted, you
have a further right of appeal to the Information Commissioner’s
Office. Details of this procedure can be found at [3]www.ico.org.uk.

 

Kind regards

 

Sharon

 

Sharon Glen | Information Officer | Information Governance Office |
Directorate of Compliance and Risk |Professional Services | G7 Christie
Building | The University of Manchester | Oxford Road | Manchester | M13
9PL | Tel +44(0) 161 306 7549| [4]www.manchester.ac.uk

[5]data_matters_logo2-(3)

We are all responsible for protecting personal data held by the
University, including who we share that data with. Stop and think before
you send your email.  For further guidance see:
[6]www.dataprotection.manchester.ac.uk

 

References

Visible links
1. http://planning.cheshireeast.gov.uk/Appl...
2. mailto:[email address]
3. http://www.ico.org.uk/
4. http://www.manchester.ac.uk/
6. http://www.dataprotection.manchester.ac....

Dear MTRS FOIA,

Thank you for the information. I have noticed that on all of the consultee forms were both blank. May I assume that you didn't object based on this ?
Also why doesn't your comments show up on the council Website for the planning permission ?

Yours sincerely,

Callum Evans

MTRS FOIA, University of Manchester

Dear Callum,

Thank you for your email. I will contact the relevant department with details of your queries below and will write back to you once I have a response.

NB Due to the evolving situation with the Covid-19 virus and the University’s response to it, there may be a delay in receiving your reply at this time.

With best regards

Lisa

Dr Lisa Crawley l  Information Officer  l Information Governance Office l Directorate of Compliance and Risk l  Professional Support Services | Room G7 Christie Building  l Compliance & Risk Management Office l  The University of Manchester  l  Oxford Road  l  Manchester  l  M13 9PL  l  Tel +44 (0)161 275 8400  
www.manchester.ac.uk

dangos adrannau a ddyfynnir

MTRS FOIA, University of Manchester

1 Atodiad

Dear Callum,

 

Thank you for your email enquiring about the consultee forms we provided
you as part of our response to your request.

 

We can advise as follows:

 

I have noticed that on all of the consultee forms were both blank. May I
assume that you didn't object based on this ?

 

The forms are part of the consultation letters sent to us. We do not use
those for our replies as we reply electronically.

For 16/3724C we did not reply as this was a Reserved Matters application
so it is not possible for us to object – the development is already
approved at this stage.

 

17/0776D is a condition discharge application so an objection would not be
appropriate – the development has been approved so the response to this
type of application is a discussion to agree how the condition is
implemented. We did reply to this and the response is published on the
Council’s website.

 

Also why doesn't your comments show up on the council Website for the
planning permission ?

 

The Council, rather than the University will be able to advise on what is
available via their website.

 

With best regards

 

Lisa

 

 

Dr Lisa Crawley l  Information Officer  l Information Governance Office
l Directorate of Compliance and Risk l  Professional Support Services |
Room G7 Christie Building  l Compliance & Risk Management Office l  The
University of Manchester  l  Oxford Road  l  Manchester  l  M13 9PL  l 
Tel +44 (0)161 275 8400  

[1]www.manchester.ac.uk

[2]cid:image001.jpg@01D320C7.272763F0

We are all responsible for protecting person identifying data held by the
University, including who we share that data with. Stop and think before
you send your email.  For further guidance see:
[3]www.dataprotection.manchester.ac.uk

 

References

Visible links
1. http://www.manchester.ac.uk/
3. http://www.dataprotection.manchester.ac....

Dear MTRS FOIA,

We have a FOI request to yourselves , it has been turned down on the grounds the information will effect Jodrell bank funding opportunities, over a simple planning information request. Could I request an internal review into this request?

Yours sincerely,

Callum Evans

MTRS FOIA, University of Manchester

Dear Callum,

I am writing to acknowledge receipt of your request for an internal review.

We will endeavour to provide a response to your Internal Review within 20 working days.

NB Due to the evolving situation with the Covid-19 virus and the University’s response to it, there may be a delay in receiving your response at this time.

With best regards

Lisa

Dr Lisa Crawley l  Information Officer  l Information Governance Office l Directorate of Compliance and Risk l  Professional Support Services | Room G7 Christie Building  l Compliance & Risk Management Office l  The University of Manchester  l  Oxford Road  l  Manchester  l  M13 9PL  l  Tel +44 (0)161 275 8400  
www.manchester.ac.uk

MTRS FOIA, University of Manchester

2 Atodiad

Dear Callum,

 

I am writing regarding your email dated 28^th April 2020 requesting an
internal review of your Freedom of Information request below:

 

Could you please send any correspondence you have had with Cheshire East
council, concerning planning and Jodrell Bank on the following 4 projects

 

Hiverley cottage, Twemlow Green (Planning no. 16/5385 onwards) Hiverley,
Twemlow Green (Planning no. 15/1126C onwards) Victoria Mills, Macclesflied
road, Holmes Chapel ( Planning no.16/3724C onwards) Saltersford Farm,
Macclesfied Road, Twemlow Green  (Planning no.18/53660C onwards)

 

Could you please send me any correspondence, of the above planning
applications and comments on the amendments up to this day .

 

I have now had an opportunity to review the way in which we responded. I
note that we did not respond within the timeframe required by the FOI Act,
for which, we apologise. I have then gone on to consider whether we
correctly applied Section 21 (1) and Section 43 (2) of the Act. In doing
so I have further liaised with the relevant department within the
University where necessary. The review has now been concluded and we can
respond as follows:

 

As noted in our original response, information accessible by other means,
is exempt from disclosure under Section 21 (1) of the Act. Responses
Jodrell Bank provided to planning applications are available via searching
online at [1]http://planning.cheshireeast.gov.uk/Appl...
and are therefore exempt information and Section 21 (1) has therefore been
correctly applied.

 

Information is considered exempt under S43 (2) if disclosure would
prejudice the commercial interest of any person, including the
University’s own commercial interest. This exemption can be applied if the
release of information would:

·         Damage its business reputation or the confidence that customers,
suppliers or investors may have in it

·         Have a detrimental impact on its commercial revenue or threaten
its ability to obtain supplies or secure finance

·         Weaken its position in a competitive environment by revealing
market sensitive information or information of potential usefulness to its
competitors.

 

We noted in our original response that insights into how the Jodrell Bank
responds to planning applications could have a negative impact on any
future applications they may have.

We believe that the disclosure of detailed correspondence that informs our
internal processes, methodology and decision-making regarding planning
applications will have a detrimental effect on our future ability to
undertake world-leading telescope observations and research (our
commercial interests) as disclosure could provide insight into the way we
consider these which could impact future applications resulting in
increased levels of radiofrequency interference. Jodrell Bank telescope
observations form the basis of our internationally renowned research
programme which is directly funded by Government through its investment in
UK research funding agencies.  The University receives multi-million pound
research contracts to employ many research and technical staff to carry
out this work, not only for the UK but for international research
agencies. In addition, Jodrell is a vital component of a number of global
radio astronomy research networks.  The University’s Centre for Radio
Astronomy, of which Jodrell Bank Observatory forms a part, is pivotal in
educating and training undergraduate and postgraduate students as well as
research fellows from the UK and overseas some of these students will
become future international radio astronomy researchers and educators.  We
rely on our reputation and continued research excellence to secure
research funding.  Should our ability to observe be compromised, Jodrell
Bank Observatory will not remain globally competitive.  This will result
in a direct loss of national and international research funding with
consequential job losses, knowledge and expertise to educate future
generations. 

 

Public Interest Test

As Section 43(2) is a qualified exemption we are required to carry out a
public interest test to determine if the commercial interest is overridden
by the public interest from the release of the information concerned.

Factors in Favour of Disclosure

The release of the data would aid in the transparency of how the
University reviews and considers planning applications.

Factors Against Disclosure

Disclosure of the requested data would provide insights into how Jodrell
Bank considers planning applications and because of this it would have a
detrimental impact on our future ability to undertake world-leading
telescope observations and research.

Balancing Test

The University has an obligation to protect its international research and
the World Heritage Site and on this occasion our commercial interests
outweigh the public interest for disclosure for the above reasons and that
the balance remains in withholding the data. 

To conclude, the internal review upholds the original response and finds
that the application of Section 21 (1) and Section 43 (2) have been
correctly applied.

If you are unhappy with our response you have the further right to appeal
to the Information Commissioner’s Office. Details of this procedure can be
found at [2]www.ico.org.uk.

 

Best regards

Alex

 

Alex Daybank | Head of Data Protection (University Data Protection
Officer) | Information Governance Office | Directorate of Compliance and
Risk |Professional Services | G7  Christie Building | The University of
Manchester | Oxford Road | Manchester | M13 9PL |Ext (77)62473 |Tel +44(0)
161 306 2473| [3]www.manchester.ac.uk

[4]data_matters_logo2-(3)[5]data_matters_logo2-(3)

We are all responsible for protecting personal data held by the
University, including who we share that data with. Stop and think before
you send your email.  For further guidance
see: [6]www.dataprotection.manchester.ac.uk

 

References

Visible links
1. http://planning.cheshireeast.gov.uk/Appl...
2. http://www.ico.org.uk/
3. https://eur03.safelinks.protection.outlo...
6. https://eur03.safelinks.protection.outlo...

Nid ydym yn gwybod a yw'r ymateb mwyaf diweddar i'r cais hwn yn cynnwys gwybodaeth neuai peidio - os chi ywCallum Evans mewngofnodwch a gadael i bawb wybod.